March 26, 1990
CLA-2:CO:R:C:G 086709 JASCATEGORY:CLASSIFICATIONTARIFF NO.:7116.20.5000
Frederick L. Ikenson, Esq.
1621 New Hampshire Avenue, N.W.
Washington, D.C. 20009RE: Unmounted Diamond Tool and Drill Blanks
Dear Mr. Ikenson:
Our letter to you dated January 16, 1990 (085582), as counsel for General Electric Company, USA, concerned the proper classification of this merchandise. We have reviewed the matter again and find our original position to be incorrect. The following is Customs current position in the matter.FACTS:
Our ruling to you dated June 21, 1989 (081535) in part held unmounted Geoset and Formset diamond tool and drill blanks to be classifiable as articles of stone or other mineral substances (including articles of peat), not elsewhere specified or included, in subheading 6815.99.4000, HTSUSA, dutiable at the rate of 4.5 percent ad valorem.
You subsequently requested that we reconsider this ruling and proposed an alternative classification. We replied by letter dated January 16, 1990 (085582), and confirmed the original classification.
The Geoset and Formset synthetic diamond blanks consist of randomly oriented synthetic diamond crystals bonded together by high pressure and temperature to create a dense polycrystalline diamond article.ISSUE:
Whether the Geoset and Formset diamond blanks are classifiable as articles of other mineral substances, in heading 6815, or as articles of of precious or semiprecious stones (natural, synthetic or reconstructed), in heading 7116.LAW AND ANALYSIS:
General Rule of Interpretation (GRI) 1, HTSUSA, states that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to GRIs 2 through 6.
Articles of chapter 71 are precluded from classification in chapter 68. See Chapter 68, Note 1(d), HTSUSA. In addition, articles and parts thereof, wholly of precious or semiprecious stones (natural, synthetic or reconstructed) are classified in chapter 71. See Chapter 71, Note 3(ij), HTSUSA.
We are satisfied that the articles in question have been advanced beyond the condition of synthetic diamonds into articles of diamonds. Heading 7116 covers all articles, other than those expressly excluded, wholly of precious or semi- precious stones.HOLDING:
Under the authority of GRI 1, the Geoset and Formset synthetic diamond blanks are provided for in heading 7116. Actual classification is in subheading 7116.20.5000, HTSUSA, as other articles of precious or semiprecious stones (natural, synthetic or reconstructed). The rate of duty is 6.7 percent ad valorem.EFFECT ON OTHER RULINGS:
Our rulings of June 21, 1989 (081535) and January 16, 1990 (085582) are modified accordingly, under the authority of section 177.9(d), Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division